WPMS/987/2023
2023 Latest Caselaw 923 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
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              with Signatures
                                  WPMS No.987 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Prem Prakash Bhatt, Advocate for the petitioner.

Mr. Yogesh Pande, Additional C.S.C. and Mr. J.S. Bisht, Standing Counsel for the State of Uttarakhand.

Heard learned counsel for the parties.

By means of this writ petition, petitioner has sought the following reliefs:

"i. Issue a writ, order or direction in the nature of certiorari to call for the record of case and to quash the eviction proceedings initiated pursuant to impugned notice dated 21-12-2022

respectively).

ii. Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to proceed any further with the eviction drive initiated pursuant to the notice dated 21-12-2022 and 14-03-2023 and to allow the Petitioner to stay in dwelling house peacefully."

Learned counsel for the petitioner submits that identical controversy has been decided by this Court vide judgment dated 29.03.2023 passed in WPMS No. 893 of 2023.

Learned State Counsel also endorses the said submission made on behalf of the petitioner.

Accordingly, the writ petition is decided in terms of judgment dated

of 2023. Petitioner shall be at liberty to submit reply to the impugned notice dated 14.03.2023 to S.D.M. concerned, within ten days. It shall be open to petitioner to enclose all documents in support of his claim that he is having title and possession over the land in question. If petitioner submits reply within stipulated period, S.D.M. concerned shall take decision in the matter and pass appropriate order, as per law, within two weeks thereafter.

For a period of four weeks' or till decision on petitioner's reply, whichever is earlier, status quo, as on today, over the land in question, shall be maintained.

It is made clear that in case petitioner fails to submit reply to the impugned notice within stipulated time, then he shall not be entitled to protection of this order.

(Manoj Kumar Tiwari, J.) 05.04.2023 Arpan